passed under sub-Section (3) of Section 92CA; and
(ii) any foreign company."
10. The proceedings envisaged under Section 144C (2) is that ... Section 153 or
Section 153B , without providing any further opportunity of being heard to
the Assessee. It is further stipulated under Section 144C (13) that
returned income of an eligible assessee,
as noted, sub-section (1) of Section 144C lays down the
procedure to be followed notwithstanding anything ... anything to the contrary contained in the Act'. Sub-section (5)
of Section 144C empowers the DRP to issue directions to the
Assessing Officer
before
issuing the directions referred to in sub-section (5). Sub-
section (8) of Section 144C recognizes wide powers of the
DRP to confirm, reduce ... issue any direction under sub-
section (5) for further inquiry. As per sub-section (10) of
Section 144C, every direction issued by the DRP would
subject to consideration of the attributes provided under
Sub-Section (6) of Section 144C . Sub-Section (7) of Section 144 further
provides that the Dispute ... report the result of the same to it. Sub-Section (10) of Section 144C
contemplates that every direction issued by the Dispute Resolution Panel
shall
aside any proposed variation or issue any direction
under sub section 5 of section 144C of the Act for further inquiry
and passing ... October 1, 2009, the cut-
off date prescribed in sub-section (l) of section 144C , the
ITA 77/2019 Page 6 of 18
Assessing Officer
Assessing Officer, notwithstanding anything
contained in Section 153 or Section 153B , shall pass assessment order under
Section 144C(3) within a month from ... section (1) of section 131 or sub-section
(6) of section 133 or section 133A
Explanation:- For the purposes of this section, Transfer Pricing Officer
draft
assessment order(s) which was passed under Section 143(3) read
with Section 144C of the Act. Once such an order was passed ... proceedings, having regard to the provisions of sub-section (5) and
(13) of Section 144C of the Act. [See Principal Appraiser (Exports),
Collectorate of Customs
section (3) of section 92CA; and
(ii) any non-resident not being a company, or any
foreign company.
20. Whether the provisions of Section 144C ... returned income of an eligible assessee, as
noted, sub-section (1) of Section 144C lays down the
procedure to be followed notwithstanding anything
taken
to indicate the absolute exclusion of the operation of Section 153 from Section
144C . Learned standing counsel however, concedes to the position that there ... imposition of any
time limit at all.
17. Sub-section (13) to Section 144C , in my view, imposes a restriction on the
Assessing Officer
draft assessment order on 28th March 2014 under Section 143 (3) read
with Section 144C of the Income Tax Act, 1961 („Act‟). ESS Distribution
filed ... partnership it was not an „eligible Assessee‟ within the meaning
under Section 144C (15) (b) of the Act. This was accepted
